Originally Posted by
H46Bubba
If the aircraft is certificated at 100 seats, it legally has 100 seats. BB would have to go to the FAA and Embraer in order to operate the aircraft in a 99 seat config which means removing the 100th seat. He can MEL a seat only for so long, but it still has 100 seats.
The Million Dollar Question is: Does the RAH contract refer simply to the number of seats in the aircraft? This is a typical amateur mistake...if so, the good reverend will simply get an STC to fly the plane with 99 seats. The courts will have no sympathy, in contract law the precise wording (not the intent) is usually what counts.
On the other hand if the contract language refers to original CERTIFICATED seat capacity, the RAH pilots should prevail since the airplane was originally a 100 seat airplane.
Payscale language should always be based on specific certified seating AND max gross weight. Even better, it should specifically identify exact aircraft make, model, and subtype with NO allowance for substitutions.